Matter of B. (Anonymous), Sheena; Administration for
Motion No: 2010-05680
Slip Opinion No: 2010 NY Slip Op 75290(U)
Decided on June 24, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M104783

E/sl

A. GAIL PRUDENTI, P.J.

PETER B. SKELOS

MARK C. DILLON

JOSEPH COVELLO, JJ.

2010-05680

In the Matter of Sheena B. (Anonymous).

Administration for Children's Services, petitioner-

respondent; Rory F. (Anonymous), respondent-

respondent; Steven Banks, etc., nonparty-appellant.

(Docket No. N-22104/09)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of an order of the Family Court, Kings County, dated June 14, 2010, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the Administration for Children's Services is enjoined from discharging Sheena B. from foster care pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 26, 2010, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 26, 2010, the court, on its own motion, may vacate the stay, or the Administration for Children's Services may move to vacate the stay, on three days notice.

PRUDENTI, P.J., SKELOS, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court